Madras High CourtCRL OP(MD)/22276/2023dismissed as infructuous

Jayakumar v. The Inspector Of Police

2025-07-18Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI CRL OP(MD).No.22276 of 2023 and Cr.L.M.P.(MD).No.17427 of 2023 Jayakumar, S/o.Gurusamy Chettiyar ... Petitioner Vs.

1.State Rep. by The Inspector of Police, Watrap Police Station, Virudhuangar District.

(Crime No.220 of 2023)

2. Perumal, S/o.Muthaiya Chettiyar ... Respondents PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to call for the records in FIR in Crime No.220 of 2023 dated 02.10.2023 on the file of the 1st respondent police and quash the same as against the petitioner/Accused No.4 herein in so far as the petitioner's concerned and pass any other order or direction as this Hon'ble Court may deem fit and proper.

For Petitioner : Mr.P.Krishnasamy For Respondent No.1 : Mr.M.Karunanithi Government Advocate (Crl.Side) For Respondent No.2 : Mr.Antony Arulraj ORDER : This Court made the following order :- Today, when the matter is taken up for hearing, the learned counsel appearing for the petitioner would submit that in the said case, already referred charge sheet has been filed as ''Mistake of Fact''.

2. The learned Government Advocate (Crl.Side) appearing for the Respondent No.1 would submit that the said case has been closed as ''Mistake of Fact'' and referred charge sheet has been filed before the concerned Judicial Magistrate on 09.06.2025.

3. The learned Counsel appearing for the Respondent No.2 would submit that the present Criminal Original Petition may be dismissed as infructuous and he also prays to give liberty to the second respondent to file a protest petition before the concerned Judicial Magistrate.

4. Considering the above facts and circumstances of the case and considering the submissions made by both side counsels, this court is inclined to dismiss the present petition as infructuous.

5. Accordingly, this Criminal Original Petition is dismissed as infructuous, with a liberty to the second respondent/Defactocomplainant to file a protest petition before the concerned Judicial Magistrate, if he is so advised. Consequently, connected miscellaneous petition is closed.

(PVMJ) 18.07.2025 gvn Note :

Issue order copy on 18.07.2025.

P.VADAMALAI,J gvn To

1. The Inspector of Police, Watrap Police Station, Virudhuangar District.

(Crime No.220 of 2023)

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.22276 of 2023 Dated : 18.07.2025